A New York federal judge has struck down a ban on carrying firearms in certain public locations - a blow to the gun control agenda being championed by Kamala Harris.
District Judge John Sinatra Jr. struck down Governor Kathy Hochul's (D) ban on carrying firearms on private property open to the public.
The judge noted that property owners may exclude guns, but the government cannot "unilaterally" ban guns on private property open to the public.
The plaintiff in the case, Brett Christian, would carry his firearm with him to places like gas stations and hardware stores. The new restrictions, he complained, prevent him from exercising his Second Amendment rights in his daily life.
The ruling is a blow to Governor Kathy Hochul, who has attempted to circumvent the landmark Supreme Court ruling upholding the right to bear arms outside the home, New York State Rifle & Pistol Association Inc. v. Bruen.
In the 2022 case, the Supreme Court struck down a New York law requiring "proper cause" to get a concealed carry license. Governor Hochul defied the court, signing a new batch of gun restrictions that sought to preserve the pre-Bruen status quo.
For example, Hochul banned guns in a wide array of "sensitive locations" and made it a felony to carry a gun on any private property “unless the relevant property holders actually permit such possession with a sign or express consent."
The Supreme Court declined last year to take up a challenge to Hochul's new gun laws, saying they should be litigated in lower courts first.
Judge Sinatra cited the Supreme Court's history-based test in Bruen, which has led to gun restrictions being rolled back in state after state.
"This is yet another important victory for Second Amendment rights and another major loss for New York, authoritarian governments, and radical anti-rights organizations like Everytown and Giffords,” said Firearms Policy Coalition (FPC) President Brendan Combs.
The governor signed six new gun laws on Wednesday, while boasting about her efforts to undermine the Supreme Court's ruling.
“And you all know what happened when the Supreme Court overturned the laws against concealed carry weapons, stripping away the power of the governor of this state to make her citizens safe,” Hochul said. “When the Supreme Court did that, we didn’t throw up our hands and surrender. We fought back. We doubled down. We came up with legislation.”
